By Gallegos                                           S.B. No. 1257
         77R4698 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creation of a benefit fund and making a supplemental
 1-3     one-time payment for certain peace officers and fire fighters
 1-4     disabled in the line of duty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 614, Government Code, is amended by
 1-7     adding Subchapter F to read as follows:
 1-8           SUBCHAPTER F. SUPPLEMENTAL ONE-TIME PAYMENT FOR CERTAIN
 1-9                  DISABLED PEACE OFFICERS AND FIRE FIGHTERS
1-10           Sec. 614.081.  DEFINITIONS. In this subchapter:
1-11                 (1)  "Board" means the board of trustees of the
1-12     Employees Retirement System of Texas.
1-13                 (2)  "Fire fighter" means a member of a fire department
1-14     who performs a function listed in Section 143.003(4), Local
1-15     Government Code, without regard to whether the individual is
1-16     subject to a civil service system or program.
1-17                 (3)  "Peace officer" means an individual elected,
1-18     appointed, or employed to serve as a peace officer for a
1-19     governmental entity under Article 2.12, Code of Criminal Procedure,
1-20     or other law.
1-21           Sec. 614.082.  PEACE OFFICER AND FIRE FIGHTER SUPPLEMENTAL
1-22     PAYMENT ACCOUNT.  (a)  The peace officer and fire fighter
1-23     supplemental payment account is an account in the general revenue
1-24     fund that may be appropriated only for the purposes of this
 2-1     subchapter.
 2-2           (b)  The account consists of gifts, grants, and other revenue
 2-3     required by law to be credited to the account.
 2-4           Sec. 614.083.  ELIGIBILITY FOR PAYMENT. If a peace officer or
 2-5     fire fighter employed by the state or a local governmental entity
 2-6     in this state sustains an injury in the performance of the person's
 2-7     duties as a peace officer or fire fighter and presents evidence
 2-8     satisfactory to the board that the person's condition is a total
 2-9     disability resulting in permanent incapacity for work, the person
2-10     is entitled to a one-time payment of $75,000 from funds
2-11     appropriated for that purpose.
2-12           Sec. 614.084.  PROOF OF CLAIM. To receive a payment under
2-13     this section, a peace officer or fire fighter must furnish to the
2-14     board:
2-15                 (1)  proof the injury was sustained in the performance
2-16     of the person's duties as a peace officer or fire fighter and is a
2-17     total disability resulting in permanent incapacity for work; and
2-18                 (2)  any other information or evidence required by the
2-19     board.
2-20           Sec. 614.085.  AWARD OF PAYMENT.  (a)  The board shall notify
2-21     the comptroller of the board's determination that a claim under
2-22     this subchapter is valid and justifies payment.
2-23           (b)  On receipt of the notice, the comptroller shall issue a
2-24     warrant to or in behalf of the claimant in the proper amount from
2-25     funds appropriated for that purpose.
2-26           (c)  A payment under this subchapter to or in behalf of a
2-27     peace officer or fire fighter is payable as soon as possible after
 3-1     the board notifies the comptroller.
 3-2           SECTION 2.  This Act takes effect immediately if it receives
 3-3     a vote of two-thirds of all the members elected to each house, as
 3-4     provided by Section 39, Article III, Texas Constitution.  If this
 3-5     Act does not receive the vote necessary for immediate effect, this
 3-6     Act takes effect September 1, 2001.